Neal v. Grammer

8 Citing cases

  1. State v. Dawson

    681 A.2d 407 (Del. Super. Ct. 1995)   Cited 9 times
    Denying Dawson's petition for post-conviction state collateral relief

    After careful consideration of Dawson's claims, the Court is not persuaded that defense counsel's presentation and preparation was deficient under Strickland. Nor has Dawson demonstrated what evidence counsel would have discovered or introduced that would have helped the defense. Otey v. Grammer, 859 F.2d 575, 577-78 (8th Cir. 1988); Schwander v. Blackburn, 750 F.2d 494, 500 (5th Cir. 1985); Neal v. Grammer, 769 F.Supp. 1523, 1527 (D.Neb. 1991) (citing cases), aff'd, 975 F.2d 463 (8th Cir. 1992). Dawson's conclusory allegations are insufficient to support his claim.

  2. Neal v. Grammer

    975 F.2d 463 (8th Cir. 1992)   Cited 12 times
    Affirming guilty plea because even though defendant initially denied factual guilt, he later admitted guilt

    VAN SICKLE, Senior District Judge. Michael Neal appeals from an order of the district court denying his petition for a writ of habeas corpus 769 F. Supp. 1523. Neal raises five issues on appeal. First, he alleges that his sentence constitutes cruel and unusual punishment. Second, Neal claims that he received ineffective assistance of counsel.

  3. Crow v. Yordy

    Case No. 1:17-cv-00125-CWD (D. Idaho Jun. 22, 2018)

    Then the State can answer and the action can proceed. We conclude that Cacoperdo did not properly raise this claim in the district court."); Neal v. Grammer, 769 F. Supp. 1523, 1526 (D. Neb. 1991) ("It is not the brief which controls the issues which may be raised in this action. The petition governs the claims which this court will address, and as such, I shall address only those claims set forth [in the petition].

  4. Scott v. Hopkins

    Civ. No. 4:98CV3157 (D. Neb. Aug. 25, 1999)   Cited 5 times

    The petition, not briefs or other documents, provides the basis for granting the writ of habeas corpus. See Neal v. Grammar, 769 F. Supp. 1523, 1526 (D.Neb. 1991), aff'd, 975 F.2d 463, 465 (8th Cir. 1992); see also Insurance Co. of the State of Penn. v. Hoffman, 814 F. Supp. 782, 787 (D.Minn. 1993) (declining to address allegations raised in a brief but not asserted in the amended complaint); Berry v. Armstrong Rubber Co., 780 F. Supp. 1097 (S.D.Miss. 1991) (refusing to consider claim argued in brief but not alleged in any of three amended complaints), aff'd, 989 F.2d 822 (5th Cir. 1993).

  5. Norfolk v. Houston

    941 F. Supp. 894 (D. Neb. 1995)   Cited 4 times
    Holding statement voluntary when officer pretended to be looking at autopsy report

    The petition, not briefs or other documents, provides the basis for granting the writ of habeas corpus. See Neal v. Grammer, 769 F. Supp. 1523, 1526 (D.Neb. 1991), aff'd, 975 F.2d 463, 465 (8th Cir. 1992); see also Insurance Company of the State of Pennsylvania v. Hoffman, 814 F. Supp. 782, 787 (D.Minn. 1993) (declining to address allegations raised in a brief but not asserted in the amended complaint); Berry v. Armstrong Rubber Company, 780 F. Supp. 1097 (S.D.Miss. 1991) (refusing to consider claim argued in brief but not alleged in any of three amended complaints), aff'd, 989 F.2d 822 (5th Cir. 1993), cert. denied, 510 U.S. 1117, 114 S.Ct. 1067, 127 L.Ed.2d 386 (1994).

  6. Reeves v. Hopkins

    871 F. Supp. 1182 (D. Neb. 1994)   Cited 10 times
    Discussing Neb.Rev.Stat. § 29-2521.03 (Reissue 1989).

    The amended petition, not the brief, provides the bases for granting the writ of habeas corpus. Neal v. Grammer, 769 F. Supp. 1523, 1526 (D.Neb. 1991), aff'd, 975 F.2d 463, 465 (8th Cir. 1992); see also Insurance Company of the State of Pennsylvania v. Hoffman, 814 F. Supp. 782, 787 (D.Minn. 1993) (declining to address allegations raised in a brief but not asserted in the amended complaint); Berry v. Armstrong Rubber Company, 780 F. Supp. 1097 (S.D.Miss. 1991) (refusing to consider claim argued in brief but not alleged in any of three amended complaints), aff'd, 989 F.2d 822 (5th Cir. 1993), cert. denied, ___ U.S. ___, 114 S.Ct. 1067, 127 L.Ed.2d 386 (1994). Although the Nebraska statutes cited in this memorandum and order are from Reissue 1989, the language quoted or referred to also existed at the relevant time, that is, at the time of Reeves' sentencing (Sept. 11, 1981), decision on direct appeal (Jan. 20, 1984), or decision on remand from the United States Supreme Court (Nov. 8, 1991), as the case may be.

  7. State v. Leonor

    263 Neb. 86 (Neb. 2002)   Cited 27 times
    Filing 19, part 13

    An information charging an aider and abettor of a crime need not include any additional facts than those necessary to charge the principal of the crime. Neal v. Grammer, 769 F. Supp. 1523 (D.Neb. 1991). See, also, Burnell v. State, 159 Neb. 349, 66 N.W.2d 838 (1954).

  8. Fast Horse v. Weber

    598 N.W.2d 539 (S.D. 1999)   Cited 4 times

    Walls v. Bowersox, 151 F.3d 827, 835 (8th. Cir 1998). There was also no ineffective assistance in Ireland's failure to persist with attempts to interview the victim and Tallman after they refused to talk to her. See Ward v. Whitley, 21 F.3d 1355, 1362 (5th. Cir 1994) (failure to interview potential witnesses reasonable where witnesses were uncooperative in past efforts to elicit information); United States v. Grimes, 426 F.2d 706, 708 (5th. Cir 1970) (no ineffective assistance in refusal to subpoena witness where witness refused to meet with attorney to discuss case); Snell v. Lockhart, 791 F. Supp. 1367, 1377 (E.D. Ark. 1992) (counsel's failure to interview state's key witness not ineffective assistance where witness refused to speak to counsel); Neal v. Grammer, 769 F. Supp. 1523, 1528 (D.Neb. 1991) (counsel not ineffective for failing to interview codefendant where codefendant refused to speak with counsel); U.S. v. Vargas, 871 F. Supp. 623, 624 (S.D.N.Y. 1994) (counsel not ineffective for failure to interview informants where there was no indication informants were willing to talk to defense). [¶ 16] Ireland's failure to locate B.D., who could not be found by the state, also did not constitute ineffective assistance of counsel as there is no showing B.D. would have provided any information that would have benefited Fast Horse. See Blair-Bey v. Nix, 44 F.3d 711, 713 (8th. Cir. 1995) (no ineffective assistance in counsel's failure to locate two witnesses who did not want to be found where defendant failed to show witnesses' testimony, if believed, would have significantly benefited his case); Williams v. Armontrout, 912 F.2d 924, 932 (8th. Cir. 1990) (no ineffective assistance in failure to discover potential witness who fled state to avoid arrest and whose whereabouts were unk